Attorney General Christopher S. Porrino announced that two Union County men were indicted today for allegedly possessing hundreds of videos and images of Explicit Images of Minors and offering Explicit Images of Minors online.
Both men were arrested during investigations targeting individuals using an online peer-to-peer network popular with offenders who share Explicit Images of Minors. One was arrested in “Operation Safeguard,” a Explicit Images of Minors sweep conducted last year by the New Jersey Division of Criminal Justice, ICE Homeland Security Investigations and the New Jersey State Police.
The Division of Criminal Justice Financial & Computer Crimes Bureau-Cyber Crimes Unit obtained separate state grand jury indictments today charging these two men:
Burt G. Harvey-Martinez, 35, of Elizabeth, was indicted on charges of second-degree offering 25 or more items of Explicit Images of Minors for distribution using a file-sharing program, second-degree distribution of Explicit Images of Minors, and third-degree possession of 100 or more items of Explicit Images of Minors; and
Dimas Zuniga, 45, of Roselle, was indicted on charges of second-degree offering Explicit Images of Minors for distribution using a file-sharing program and third-degree possession of 100 or more items of Explicit Images of Minors.
Zuniga was arrested on March 22, 2016, when agents and detectives conducting Operation Safeguard executed a search warrant at his residence in Roselle. It is alleged that a detective of the New Jersey State Police previously had downloaded videos of Explicit Images of Minors from a shared folder at an IP traced to Zuniga. During the search, detectives seized computer equipment belonging to Zuniga, including a hard drive that allegedly contained approximately 350 files of Explicit Images of Minors. The Roselle Police Department assisted in the operation.
Harvey-Martinez was arrested on July 19, 2016 in a separate but similar investigation targeting users sharing Explicit Images of Minors on a file-sharing network. Detectives of the Division of Criminal Justice downloaded several files of Explicit Images of Minors from an IP address traced to Harvey-Martinez. They then executed a search warrant at his residence in Elizabeth, where they seized his laptop computer, which allegedly contained numerous videos and images of Explicit Images of Minors. A forensic preview of the laptop revealed approximately 1,459 files of suspected Explicit Images of Minors in a shared folder.
The indictments were handed up to Superior Court Judge Mary C. Jacobson in Mercer County, who assigned the cases to Union County, where the defendants will be arraigned in court at a later date.
Both defendants remain in the Union County Jail, with bail set at $75,000 for Harvey-Martinez and $50,000 for Zuniga.
Under the tough Explicit Images of Minors law signed by Governor Christie in 2013, possession of 100 or more items of Explicit Images of Minors is a third-degree offense that carries a presumptive sentence of three to five years in prison, whether or not the defendant has any prior felony conviction. Distribution of Explicit Images of Minors is a second-degree crime, carrying a sentence of five to 10 years in prison, and the new law imposes a mandatory minimum period of parole ineligibility of five years for distribution of 25 or more items. The law imposes strict liability on Internet file sharers, placing responsibility on the user for having Explicit Images of Minors in a “shared folder” on his computer. Whether the user knew he was sharing, or whether any other user ever downloaded the file, is irrelevant. If a defendant is convicted of possessing 25 or more items in a shared folder, he is subject to a mandatory minimum sentence of five years in prison without parole. In cases of possession or distribution of Explicit Images of Minors, the prosecutor can ask the court to impose a sentence of parole supervision for life under Megan’s Law.
Attorney General Porrino and Director Honig urged anyone who has information about the distribution of Explicit Images of Minors on the Internet or who suspects improper contact by unknown persons communicating with children via the Internet or possible exploitation or sexual abuse of children to contact the New Jersey Internet Crimes Against Children Task Force Tipline at 888-648-6007.